Tsoutsouras v Wilson [2007] NSWLC 24

Local Court of New South Wales

CITATION: Tsoutsouras v Wilson [2007] NSWLC 24 JURISDICTION: Civil PARTIES: Stanley Tsoutsouras Matthew Wilson FILE NUMBER: 7523/06 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 07/13/2007 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Contract - Sale of Goods Act - whether sale by description - 1972 Ford Falcon GT Sedan LEGISLATION CITED: Sale of Goods Act 1923 (NSW) s 18 Fair Trading Act 1987 (NSW) ss 40, 42 CASES CITED: Toll v Alphapharm (2004) 219 CLR 164 Grant v Australian Knitting Mills Limited & Anor 54 CLR 50 Mr Young (Counsel for the Plaintiff) Harris & Company (Solicitors for the Plaintiff) REPRESENTATION:

Defendant self represented ORDERS: Judgment for the defendant

Reasons for Decision BACKGROUND TO DISPUTE

1 In early February 2005 Stanley Tsoutsouras (hereinafter referred to as 'the plaintiff') read an advertisement in the February 9th edition of Unique Cars for a Ford sedan as follows: Ford Falcon GT 1972. 351CI.5. 8 litre, four speed manual, 780 with manual choke, red/black, sedan, LSD, spoiler, competition brake callipers, anti tramp rods. LHF462. Phone 0409112196 Vic $32,000.

2 The plaintiff rang the number and spoke to the car's owner Matthew Wilson (hereinafter referred to as 'the defendant'). The two men discussed the genuineness of the car. The plaintiff agreed to purchase it for $28,000. and arranged for the vehicle to be collected in Victoria and brought to Sydney. Some twelve months later the plaintiff attempted to sell the vehicle and was told by prospective purchasers that it was not a genuine 1972 Ford Falcon GT. Expert evidence established that the vehicle was not a genuine 1972 Ford Falcon GT sedan. Such evidence also established that if it was a genuine 1972 Ford Falcon GT it would be worth $50,000, but instead was worth $11,000. The plaintiff sued for the difference of $39,000 plus some other expenses for repainting, repairing and collecting the vehicle from Victoria, making a total claim of $45,118.50.